The Court of Justice of the EU (CJEU) has announced that it will deliver judgment on 16 February in the joint cases C-156/21 and C-157/21 of Hungary and Poland v Parliament and Council. The cases concern a challenge by these Member States to the legality of the EU regulation on a general regime of conditionality for the protection of the Union budget. The litigation has prevented this law, which aims to strengthen the ability of the EU to address Rule of Law backsliding that threatens its financial interests, from coming into force.
The Advocate General Opinion in this case, delivered in December, proposed that the CJEU should uphold the regulation and dismiss arguments by Hungary and Poland that it lacked an adequate legal basis in the EU treaties. If the Court follows this Opinion, then the Commission will finally be able to adopt guidelines on how the new regime of Rule of Law budget conditionality, as the latest part of the EU’s toolbox, will operate in practice.
This event, co-hosted by the CEU Democracy Institute's Review of Democracy and the Bingham Centre for the Rule of Law, BIICL, will bring together experts on the EU Rule of Law crisis and conditionality to appraise the judgment, and to consider the consequences if the regulation comes into force for the EU's toolbox to enforce the Rule of Law in the Member States. This includes the question of whether it is appropriate to be seen to place a price on compliance with the Rule of Law. Following opening interventions from the panelists, a Q&A session with questions from the audience will follow.
The discussion will be streamed live on the Review of Democracy’s Facebook page.
- Dimitry Kochenov, lead researcher of the Rule of Law Workgroup, CEU Democracy Institute; Professor, CEU Department of Legal Studies
- Petra Bárd, Research Affiliate, CEU Democracy Institute; Visiting Professor, CEU Department of Legal Studies
- Antonia Baraggia, Associate Professor, Department of Italian and Supranational Public Law, University of Milan
- Matteo Bonelli, Assistant Professor in EU Law, Maastricht University Department of Law
- Oliver Garner, Maurice Wohl Research Fellow in European Rule of Law, Bingham Centre for the Rule of Law; Editor, Review of Democracy